Health

2025-10-27   

The report of the Law Enforcement Inspection Group of the Standing Committee of the National People's Congress on inspecting the implementation of the Food Safety Law of the People's Republic of China was submitted for review at the 18th meeting of the 14th Standing Committee of the National People's Congress on October 26th. Food safety concerns the health and safety of the people, as well as the future of the Chinese nation. The Food Safety Law was promulgated and implemented in 2009, and underwent a comprehensive revision in 2015. This inspection of food safety law enforcement is the fourth inspection conducted by the Standing Committee of the National People's Congress since the implementation of the law. The report points out that since the revision and implementation of the Food Safety Law, the State Council, various departments, and localities have conscientiously implemented legal provisions, strengthened food safety supervision, and maintained a high pass rate for food safety evaluation sampling in the past five years. From the inspection results, it can be seen that the implementation of the Food Safety Law has achieved significant results, providing strong legal guarantees for improving China's food safety situation and enhancing people's confidence in food safety. The regulatory system and standard system for food safety are becoming increasingly perfect, and a food safety legal system with food safety law as the core and regulations as the support has basically taken shape. A total of 2.521 million cases of food safety violations were investigated, and the report shows that China's food safety law enforcement has achieved significant results. The relevant departments have continued to carry out law enforcement actions such as special rectification of meat products, clearing the source and chain of "special supply wine", and comprehensive management of the abuse of edible additives. A total of 2.521 million cases of food violations have been investigated and dealt with, with more than 280000 employees restricted and a fine of 16.249 billion yuan confiscated. Since 2021, public security organs have detected 55000 food safety crimes and captured 75000 suspect; Customs inspection found 1031 import and export food related cases, involving a total value of 9.288 billion yuan. Meanwhile, law enforcement capabilities continue to improve. The public security system has established more than 750 inspection and appraisal laboratories, successfully cracking a number of cross regional food safety crime cases. In addition, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security have jointly promoted the revision of the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Food Safety Hazards", and multiple departments have jointly formulated measures for the connection of execution, solving problems such as inspection and identification, and disposal of involved items. The report also pointed out that the incomplete legal responsibility for food safety affects the social effectiveness of law enforcement. In practice, there are still issues such as disputes arising from "minor over heavy penalties" and the greater discretion of administrative penalties. In addition, occupational claims urgently need to be regulated. At present, professional claimants in the food industry have initiated a large number of complaints and reports against minor defects in food labels and labeling, forcing food production and operation enterprises to pay high compensation fees through media exposure and other means. The enterprises are unable to bear the disturbance, and relevant departments have put a lot of effort into handling such disputes, which affects the effective implementation of normal regulatory work. The report suggests launching a comprehensive revision of the Food Safety Law as soon as possible, improving relevant provisions on legal responsibilities, establishing a unified administrative discretion benchmark framework, restructuring the fine amount in a gradient manner, increasing the credit punishment system for illegal enterprises and legal representatives, and curbing malicious abuse of the compensation system. 93.1% of primary and secondary schools have established campus meal supervision committees. The report points out that the food safety work in Chinese schools continues to strengthen. The Ministry of Education, together with relevant departments, has issued multiple documents to gradually improve the campus food safety management system. At the same time, we will comprehensively consolidate our responsibilities. Further implement the industry management responsibilities of education administrative departments, the main responsibilities of schools, and the primary responsibility of principals, and deploy special rectification key tasks to nearly 250000 party secretaries and principals of primary and secondary schools nationwide. The Ministry of Education, the Ministry of Finance, and other departments have successively carried out multiple actions such as campus food safety protection and special rectification of campus catering, and continue to carry out special rectification of prominent issues in food safety and dietary fund management in primary and secondary schools. The Ministry of Agriculture and Rural Affairs has established a direct supply school agricultural product quality supervision system. The State Administration for Market Regulation has launched a special investigation and rectification action on food safety for school canteen contracting enterprises. At present, 93.1% of primary and secondary schools in China have established parent committees for campus meal supervision, ensuring parents' participation in major supervision matters. More than 160000 responsible inspectors from across the country come to schools every month to carry out special food safety inspections. Smooth the channels for teachers and students to report food safety issues, and establish a mechanism for handling problems. By the end of 2024, a total of 10.3 billion yuan has been invested in improving primary and secondary school canteens, and the coverage of "Internet+Bright Kitchen" has increased to 98.5%. However, the report also pointed out that there are deficiencies in food safety work in schools and surrounding areas, and risks and hidden dangers have not been eliminated. In practice, there are still problems such as inadequate school management, the need to improve personnel quality, and difficulties in supervising schools and surrounding areas. In view of this, the report suggests coordinating the promotion of food safety work in schools and surrounding areas. Further improve the working mechanism of joint management of school food safety, perfect the risk prevention and control mechanism of school food safety, promote the establishment of collaborative mechanisms between market supervision, urban management and other departments, and strengthen the publicity and education of food safety knowledge in schools to enhance students' food safety literacy. The supervision of new forms of food such as online food still needs to be strengthened. This law enforcement inspection found that safety risks of new forms of food continue to emerge, posing challenges to regulatory work. Although Article 62 of the Food Safety Law regulates online food transactions, there are still problems in practice such as outdated regulatory measures, inadequate regulatory measures, and difficulty in protecting consumer rights. In view of this, the report suggests strengthening the supervision of online food safety, formulating regulatory regulations for online food sales, online catering services, live streaming e-commerce, chain catering, etc., promoting the transformation of regulatory methods from traditional to intelligent, and achieving integrated online and offline supervision. At the same time, establish a nationwide comparison mechanism for the qualification data of food licenses and other business entities, and strengthen the audit responsibility of third-party online platforms, clarify the enforcement power of remote law enforcement over online platforms, and increase the punishment for illegal activities on online platforms. In addition, it is necessary to further regulate dine in takeout and strengthen the governance of online catering services. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Rule of Law Daily

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